Preston Poulter et al v. Ali "Dean" Assaf et al (2021)

[Manwithn0n0men]

And he will be forever known as Peggy to anyone who is even aware of his retarded cucked existence.

And he made his weird lesbian communist erotica novel with the same company as he made his cuck porn

 

[RodgerDodger]

I just saw Rekeita mentioning that EVS has filed a counter claim against Peggy. That should liven things up a bit.

 

[MuppetSlaughter]

I just saw Rekeita mentioning that EVS has filed a counter claim against Peggy. That should liven things up a bit.

@FROG had a stream on it

ComicsGate LIVE! THE LAWSUIT.​

Some one should break it down because I ain't sitting thru a 3 hour frog stream
did Mr. Dongs abandon us?

 

[5t3n0g0ph3r]

@FROG had a stream on it

ComicsGate LIVE! THE LAWSUIT.​

Some one should break it down because I ain't sitting thru a 3 hour frog stream
did Mr. Dongs abandon us?

This web of legal actions just got bigger.
I feel bad for @I'm not a Robot.

 

[Captain Manning]

This web of legal actions just got bigger.
I feel bad for @I'm not a Robot.

It's not too bad. FROG had the decency to not start up this under an entirely different docket. Thank God.

I've attached the most recently filing that has his full counterclaim in PDF format. I could do 49 separate jpegs, but that seems a bit ridiculous.

 

[AnOminous]

It's not too bad. FROG had the decency to not start up this under an entirely different docket. Thank God.

I've attached the most recently filing that has his full counterclaim in PDF format. I could do 49 separate jpegs, but that seems a bit ridiculous.

Oh boy. After a brief look at this, Peggy is in deep shit. His own suit fails to state anything resembling a claim, while EVS states a pretty clear Lanham Act violation.

The main defense would probably be something like the mark being genericized through broad use by many people, although that hasn't been in commerce. Still that kind of thing gets expensive to litigate and his flat fee losers are probably not going to do that for free.

 

[Captain Manning]

Oh boy. After a brief look at this, Peggy is in deep shit. His own suit fails to state anything resembling a claim, while EVS states a pretty clear Lanham Act violation.

The main defense would probably be something like the mark being genericized through broad use by many people, although that hasn't been in commerce. Still that kind of thing gets expensive to litigate and his flat fee losers are probably not going to do that for free.

SLAPPs work because of economic and power disparity. Suing Dean and Vikki is one thing (which is not to condone it*), but I maintain him suing FROG could prove suicidal. If there's an overmatch, it's in FROG's favor. Dude has money.

* In the end, ALL his suits thus far have required a distinct lack of morality and honesty.

 

[RodgerDodger]

Oh man. He's going for Registered Trademark Infringement in the countersuit? That's gonna leave a mark. The court doesn't have a lot of wiggle room if EVS was granted the Trademark. That Peggy is challenging the issuing of the Trademark means he knows it is not his. And chose not wait on the outcome of that challenge. That's remarkably stupid. You don't fuck around with Trademarks. They aren't like Copyright.

 

[AnOminous]

SLAPPs work because of economic and power disparity. Suing Dean and Vikki is one thing (which is not to condone it*), but I maintain him suing FROG could prove suicidal. If there's an overmatch, it's in FROG's favor. Dude has money.

* In the end, ALL his suits thus far have required a distinct lack of morality and honesty.

I've always been of the opinion that the best defense is a good offense, and if you're dragged into court and have the slightest justification, you should file a countersuit.

EVS was sitting on this trademark stuff and possibly was going to let it slide, but now that this stupid asshole has dragged him into court, he has no reason not to unload with both barrels.

I think the funniest outcome would be if Peggy gets scurred and drops his own suit (or it just gets thrown out) and EVS says fuck you and continues to pursue his own.

Play cuckold games, win cuckold prizes.

 

[RodgerDodger]

I've always been of the opinion that the best defense is a good offense, and if you're dragged into court and have the slightest justification, you should file a countersuit.

EVS was sitting on this trademark stuff and possibly was going to let it slide, but now that this stupid asshole has dragged him into court, he has no reason not to unload with both barrels.

I think the funniest outcome would be if Peggy gets scurred and drops his own suit (or it just gets thrown out) and EVS says fuck you and continues to pursue his own.

Play cuckold games, win cuckold prizes.

The demand for destruction of the offending merchandise is wonderfully nasty as Peggy really doesn't have a defense against it. Trademark isn't Copyright. You don't have to prove points of similarity on a case by case basis. If you own the Trademark and the Trademark is used on a product not of your making or approval you can demand it be destroyed. And the Trademark holder is presumed to be in the right. He who has the paperwork almost always wins. The Judges dont have a lot of leeway in this. That is the purpose of Registered Trademarks.

 

[AnOminous]

He who has the paperwork almost always wins. The Judges dont have a lot of leeway in this. That is the purpose of Registered Trademarks.

The fact that he openly stated his intention was to harm the trademark and literally destroy it, then unambiguously used it in commerce himself, is going to get him fucked.

There are also pending trademark disputes before the TTAB. Not sure who's even winning those. All the trademarks in question are still "LIVE" so who knows?

 

[RodgerDodger]

The fact that he openly stated his intention was to harm the trademark and literally destroy it, then unambiguously used it in commerce himself, is going to get him fucked.

There are also pending trademark disputes before the TTAB. Not sure who's even winning those. All the trademarks in question are still "LIVE" so who knows?

The fact that he has challenged the Trademark before the TTAB means he was fully aware the trademark was registered to someone else. Which means he knew he could not legally use it until or unless that challenge was ruled in his favor. This isn't a grey area of unconnected areas of business such as a Comicsgate Chinese Restaurant or Luigi Comicsgato's plumbing service in Desmoines Iowa. This is a direct competing business to the registered trademark holders.

 

[AnOminous]

This isn't a grey area of unconnected areas of business such as a Comicsgate Chinese Restaurant or Luigi Comicsgato's plumbing service in Desmoines Iowa. This is a direct competing business to the registered trademark holders.

And his behavior beforehand made his fraudulent intent and intention of harming the original user of the mark obvious.

And unlike other torts (but like copyright), you can elect to seek statutory damages (of up to $200,000 per infringement) instead of actually having to prove damages. The conduct of the defendant features heavily in how high that award goes, with willful infringement (bordering on or actually being criminal) being treated the most harshly.

 

[jspit2.0]

SLAPPs work because of economic and power disparity. Suing Dean and Vikki is one thing (which is not to condone it*), but I maintain him suing FROG could prove suicidal. If there's an overmatch, it's in FROG's favor. Dude has money.

* In the end, ALL his suits thus far have required a distinct lack of morality and honesty.

Mommy and daddy's money is hopefully going to get taken away and Peggy will have to get a real job.

 

[Indelable]

THE LAWSUIT.
Some one should break it down because I ain't sitting thru a 3 hour frog stream
did Mr. Dongs abandon us?

 

[Manwithn0n0men]

I've always been of the opinion that the best defense is a good offense, and if you're dragged into court and have the slightest justification, you should file a countersuit.

EVS was sitting on this trademark stuff and possibly was going to let it slide, but now that this stupid asshole has dragged him into court, he has no reason not to unload with both barrels.

I think the funniest outcome would be if Peggy gets scurred and drops his own suit (or it just gets thrown out) and EVS says fuck you and continues to pursue his own.

Play cuckold games, win cuckold prizes.

@FROG Can you take all of Preston's comics IP in the court case. And then give them to some one who will make them not shit

 

[AnOminous]

@FROG Can you take all of Preston's comics IP in the court case. And then give them to some one who will make them not shit

Probably not but if he won, he could certainly ask for an order that all the infringing products be physically destroyed. Unless Peggy went bankrupt and the trustee sold off the IP, he's unlikely to get the IP itself.

 

[Manwithn0n0men]

Probably not but if he won, he could certainly ask for an order that all the infringing products be physically destroyed. Unless Peggy went bankrupt and the trustee sold off the IP, he's unlikely to get the IP itself.

I feel like I should have bought one of his weird Lesbian Fanfic comics so I could have made him buy it off me for like 10X market value

 

[jspit2.0]

The fact that he openly stated his intention was to harm the trademark and literally destroy it, then unambiguously used it in commerce himself, is going to get him fucked.

There are also pending trademark disputes before the TTAB. Not sure who's even winning those. All the trademarks in question are still "LIVE" so who knows?

he also basically said, it was a stream when this shit started, he's a litigious fuck. Basically admitted he harassment sues people. Which works great, when your facing a drug addict and unemployed cat lady.

But Frog's the son of a lawyer, lived a life time in media surrounded by litigious fucks, and has fuck you money. Add to that he needs a decent e-nemey and presto-peggo, our pederast publicist is in trouble.

 

[I'm not a Robot]

Somestimes it pays to be late and gay, boys.

Magistrate judge recommends that Vikki's default be set aside, deny as moot the motion for default judgment, and set a deadline for her to respond. Basically, restart the case as if she was just served. Not a flawless victory, but it will be so long as she follows Ethan's playbook on how to get the case dismissed for lack of jurisdiction. What a tremendous waste of time and money this has been for Preston.

Spoiler: FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

And for anyone keeping track, Spectre's legal advice was bad. Vikki tried this argument and the judge disagreed, but showed her mercy because of her pro se status.

Vikki is officially safe from the suit. They had 90 days from the date the complaint was filed (23 May 2021) to serve her, and they didn't. They have to dismiss it without prejudice and refile it against her, but they may be waiting to see how the court rules on Dean's motion to dismiss to consider refiling it.